You may have heard talk about the “statute of limitations.” What is it? The statute of limitations is the deadline by which a person must file a claim with the relevant government agency.
In Illinois, there are three main agencies that handle discrimination cases: the Illinois Department of Human Rights, the Cook County Commission on Human Rights, and the Chicago Commission on Human Relations.
Each of these agencies has its own statute of limitations (or deadline) for filing a claim. One quirk is that the statute of limitations for housing discrimination can vary from that of other types of discrimination, so make sure you check with the agency or consult with a lawyer to know exactly when the deadline is.
Illinois Department of Human Rights Statute of Limitations
The Illinois Department of Human Rights has a statute of limitations of 300 days from the date of the discrimination. This means that you must file your claim with IDHR within 300 days of the date that the discrimination occurred.
However, if it is a housing discrimination case, the statute of limitations is one year from the date of the discrimination. For example, if you experienced sexual harassment at your workplace on January 1, 2023, you would have until October 29, 2023 to file a claim with IDHR.
Cook County Commission on Human Rights Statute of Limitations
The Cook County Commission on Human Rights has a statute of limitations of 180 days from the date of the discrimination. This means that you must file your claim with the Cook County Commission on Human Rights within 180 days of the date that the discrimination occurred. For example, if you experienced sexual harassment at your workplace on January 1, 2023, you would have until June 29, 2023 to file a claim with the CCHR.
Chicago Commission on Human Relations Statute of Limitations
The Chicago Commission on Human Relations has a statute of limitations of 300 days from the date of the alleged discrimination (for any discrimination occurring in 2019 or later). This means that you must file your claim with the Chicago Commission on Human Relations within 300 days of the date that the discrimination occurred. For example, if you experienced sexual harassment at your workplace on January 1, 2023, you would have until October 29, 2023 to file a claim with the Chicago Commission on Human Relations.
Statute of Limitations are Strictly Enforced
These time limits are strictly enforced. If you miss it, it is extremely likely that you won’t be able to ever file a claim for that discrimination. That’s why you should file your claim as soon as possible. That’s another reason to hire an attorney – they can help you ensure that your claim is filed within the statute of limitations. Below is a easy to read table that has the different statute of limitations for each agency and an example.
| Agency | Statute of Limitations | Date of Discrimination | Deadline to file a claim |
| Illinois Department of Human Rights | 300 days (1 year for housing discrimination) | Jan 1, 2023 | Oct 29, 2023 |
| Cook County Commission on Human Rights | 180 days | Jan 1, 2023 | June 29, 2023 |
| Chicago Commission on Human Relations | 300 days | Jan 1, 2023 | Oct 29, 2023 |
Statute of Limitations for Ongoing Discrimination
Now what happens if the discrimination is ongoing, meaning that you are the victim of continuous acts of discrimination? Generally, Illinois law says that that statute of limitations clock doesn’t start running until the final act of discrimination occurs. Of course all the acts can be included in one claim, but the agency will look to the date that the last act of discrimination occurred and count the statute of limitations starting from that date.
Calculating statute of limitations can be tricky. Don’t go at it alone. It never hurts to contact an Illinois civil rights firm like ours to determine the statute of limitations for your discrimination case.